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General applause for health claims deal

Published 17 May 2006 - Updated 28 May 2012
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Both the consumer organisations and industry welcome the Council-Parliament compromise on nutrition and health claims on foods.

The Parliament has voted, in the second reading on 16 May 2006, to accept tougher rules for nutritional and health claims made on foods. 

The agreement between the Council and the Parliament:

  • includes the Article 4 on nutrient profiles (aimed at preventing the use of health claims to promote foods with high quantities of sugar, salt or fat), but states that the nutritional profiles will be laid down by the Commission in consultation with the food industry and consumer bodies on the basis of information from the European Food Safety Authority (EFSA),
  • means that foods with high content of more than one of the elements fat, sugar or salt will be banned for carrying a nutritional claim (a food high in both fat and sugar can't claim to be low in salt), 
  • obliges a manufacturer who wants to put a nutrition claim on a food, 'low salt' for example, to indicate also whether the food is high in fat or sugar.

All new health claims on food will need to be registered with the EFSA. The EFSA has 5-7 months to check a new claim before it is allowed to go on sale. A 'register' of authorised health claims will be developed. Manufacturers do thus not need to go through the authorisation process each time they wish to introduce a product with a particular health claim, put they can consult the register to see the rules to be observed for a particular, already authorised claim.

As a transitional measure, existing nutrition claims (such as 'low in fat') will be able to remain on the market for 2 years, and existing health claims (such as 'reduces chlesterol') for three years.

Positions: 

The European Association of Craft, Small and Medium-sized Enterprises (UEAPME) "mildly welcomes" the compromise. It says that "European SME producers will now have to deal with additional registration procedures through the EFSA if they wish to inform consumers on the nutritional benefits of their foodstuffs. This will increase the bureaucratic burden, limit the number of possible claims and ultimately reduce the amount of information that is available for the consumer," said UEAPME Adviser on Food issues, Ludger Fischer.

"This legislation will guarantee truthful and science-backed information for European consumers. Food labels have a huge influence over consumers' choices and it is only reasonable to expect that the claims on them are not false or misleading. [...] It will also create a fairer market for producers making genuine and substantiated health or nutrition claims. Like any compromise, each side would have liked to go further, but this is a good compromise which takes account of all positions in a balanced way," said Health and Consumer Protection Commissioner Kyprianou.

The European Consumers' Organisation (BEUC) welcomes the final compromise and Parliament's vote on health claims. BEUC is particularly please on the fact that new, previously unknown, claims will have to be substantiated before they can be used in marketing. "We are pleased that health claims will be phased out for sugary, fatty and salty foods," said BEUC Director Jim Murray.

The European Breakfast Cereal Association (CEEREAL): "This compromise is a win–win for European consumers and industry," said CEEREAL President Phil Ruebotham.

Next steps: 
  • A political agreement on the Parliament's amendments expected in the Council soon. 
  • The formal adoption by Council expected by autumn 2006. 
  • The Regulation will enter into force within 20 days of its publication in the Official Journal.
Background: 

Food packages often carry some health or nutrition claim, such as 'reduces cholesterol' and 'low fat'. Some of these claims can, however, be misleading to consumers who can't interpret the more scientific nutritional tables.

Indeed, a recent survey into consumers' understanding of nutrition and food labelling shows that most consumers pay more attention to and claim to understand better the marketing claims on the pack ('rich in calcium', 'fat free', 'light') of the product than the basic nutritional analysis tables show on some packs. 

In order to prevent unfounded claims on food packages, the Commission proposed (in July 2003) a regulation on nutrition and health claims. The aim of the regulation is to introduce procedures for the substantiation of claims and restrict the use of certain types of claims. 

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